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Death penalty not sought against former NOPD officer in Henry Glover shooting
Aug-06-2010 1095 0


The Justice Department doesn't intend to seek the death penalty against a former New Orleans police officer charged with fatally shooting a man in Hurricane Katrina's aftermath.

The car in which Henry Glover's body was found on the Algiers Point levee shortly after Hurricane Katrina.

A court filing Thursday discloses that decision in the case against David Warren, who allegedly shot and killed 31-year-old Henry Glover before his charred body turned up in a burned car after the 2005 storm.

Warren and four other current and former New Orleans officers pleaded not guilty in June to federal charges. One of the two charges against Warren -- depravation of rights under color of law -- carries a maximum sentence of life in prison or the death penalty.

The charges against former Lt. Robert Italiano, Lt. Dwayne Scheuermann, Lt. Travis McCabe and Officer Gregory McRae include obstruction of justice.



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Guillermo Contreras Apr-16-2014 81 0
SAN ANTONIO — Three years before shooting a black man to death outside a Northeast Side restaurant, a San Antonio police officer was suspended for 45 days for reportedly trying to fight African-American patrons of another eatery where he worked security.

Robert Encina was off duty and appeared drunk when he targeted black customers and yelled obscenities at others during the April 2010 incident at a Mama Margie's on the Northwest Side, a San Antonio Police Department internal affairs report states.

That incident, together with allegations that Encina harassed African-Americans at Chacho's and Chalucci's on Perrin Beitel Road while working a side security job there, shows he had an animus toward minorities and raises questions about his credibility, according to Attorney Daryl K. Washington, a lawyer suing the city on behalf of the family of Marquise Jones.

Encina shot Jones, 23, in the back while in the drive-through area of Chacho's on Feb. 28, according to a federal lawsuit filed Friday. The suit, which also names Encina and Chacho's as defendants, gives an account that is far different from the official version provided by SAPD.

The family's attorney, Daryl K. Washington of Dallas, said the shooting is a result of an institutional problem — because of the city's refusal to make sweeping changes recommended by outside review bodies that have knocked SAPD's policies and practices.

A Police Department spokeswoman referred all questions Tuesday to the city attorney's office, which did not respond to a message seeking comment. Chacho's employees referred questions to corporate managers, who could not be reached.

Encina, who has been with SAPD for six years, said Jones was armed and that he shot him in the torso because he feared for his life, according to what police Chief William McManus told reporters at the time. Police said a gun was recovered near Jones.

“Marquise Jones did not point a weapon at the police officer,” Washington said. “The way this has been reported in San Antonio is not accurate at all.... This officer has a history of targeting minorities, particularly African-American males.”

The shooting occurred at about 1:30 a.m. after a car Jones was a passenger in a car that bumped another car in the drive-through. According to a preliminary SAPD report, that resulted in an argument between the drivers, and Encina — working for the restaurant but in full uniform — was summoned to the area and began speaking with one of the drivers.

“He sees the passenger in the vehicle fidgeting around reaching for something toward his waistband, orders him to stop,” McManus said at the time. “He gets out of the car and pulls a gun on the officer. The officer fires multiple times. The suspect runs.”

It appeared that Jones had been drinking, the preliminary report states. Encina was placed on paid administrative leave for several days, standard procedure for all officer shootings. He has since returned to duty.

But the official account indicating that there was an altercation between the drivers is false, the lawsuit and Washington said, citing other witnesses. The drivers agreed with each other that nothing had happened to either vehicle, according to the lawsuit. And, Washington added, Jones was trying to walk away because Encina had harassed him days earlier and was afraid of the officer.

“He was simply trying to get away from the situation,” Washington said. “This officer had no reason to use deadly force.”

After the shooting, Jones' younger sister, Whitney Jones, told WOAI-TV that she was in the car's backseat and tried to calm him down so he would stay in the car.

“He had no gun in his hand. No gun in his hand,” Whitney Jones insisted. “He opened the car door with two hands. He closed it with two hands.”

At about 2 a.m. on April 12, 2010, at Mama Margie's in the 9900 block of Interstate 10, Encina's alleged animus was out for the public to see. As on-duty colleagues investigated a “large disturbance” outside, Encina was with other off-duty officers and picked a fight with black customers, an internal affairs report states.

“During this confrontation, Encina threw down a bag of food and began identifying himself as a 'baller' and 'from the East Side,'” Sgt. Javier Salazar, who now is the SAPD's chief spokesman, wrote in the internal affairs report.

“Once inside the restaurant, Encina was captured on video as he apparently interfered with a drive-(through) employee ... returned to the kitchen several times after being asked to leave the area, directed several obscenities at a drive-(through) customer of the restaurant, was asked to leave the establishment altogether, and had to be forcibly removed from the restaurant by members of his own party,” the report continued.

He was never charged criminally. Instead, the restaurant's employees filed an internal affairs complaint against Encina, who served as a security guard there from time to time. One employee refused to give a statement because she feared retaliation, the report states.

After McManus proposed an indefinite suspension, Encina agreed to a 45-day suspension. He was allowed to give up vacation and holiday leave instead, which is permitted under the police union's bargaining agreement with the city.

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Apr-15-2014 86 0
Radio host Tom Joyner announced this morning that his annual full-ride scholarship will go to Atlanta student Titus Zeigler, who tutors younger children, participates in Junior ROTC and volunteers at the city food bank.

Zeigler, a senior at Grady High School in Midtown, will receive a scholarship to attend a historically black college covering full tuition, books for 10 semesters and room and board.

He plans to attend Florida A&M University as he works to become a trauma surgeon. He’s a battalion commander in Grady’s Junior Reserve Officer Training Corps, and he joined the National Guard when he turned 17 last June.

“My job is as a medical specialist, so my job is not killing people, but to save them,” Zeigler said.

Joyner, whose morning show airs in 115 markets and reaches more than 8 million listeners each week, said he was impressed by Zeigler’s focus and determination.

Hundreds of students applied for the scholarship. Applicants had to have a minimum grade point average of 3.5 and an SAT score of 2100 on the math and verbal sections or an ACT score of 30.

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Joe Kemp Apr-15-2014 113 0
A jilted Virginia woman was arrested after she drove the wrong way down a one-way street to cut down her husband and tried to kick him to death as he crawled away, police said.

The wild ordeal unfolded after Quaneisha Torres, 21, steered her Chrysler van off into oncoming traffic on Dixon St. and struck the 31-year-old man walking on the side of the road about 10:30 p.m. Sunday, WJLA-TV reported.

The van stopped when it struck a guardrail.

The bleeding man crawled from under the wrecked vehicle to get away, but the enraged Torres allegedly stopped him and began to kick him on the ground.

Several motorists witnessed the shocking attack and called police.

Officers said they arrived moments later and found Torres standing over her husband’s battered body.

Emergency workers rushed the man to Mary Washington Hospital, where he was being treated for serious injuries that included head trauma.


Torres was charged with attempted first-degree homicide and booked at the Rappahannock Regional Jail.


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Apr-14-2014 849 0
The body of a Grambling State University student was found in a drainage ditch in Lafayette early Sunday.

Lafayette police found the body of Alexandria Shelton, 21, in a ditch in Girard Park after friends reported her missing Saturday night.

“The Grambling State University community is in shock. It's heartbreaking. We've been dealing with this all day Sunday, cooperating with Lafayette police and talking with each other about this bright young lady. Alex was a senior criminal justice major and a member of our honors college scheduled to graduate next month,” said Grambling spokesman Will Sutton.

Shelton, a 3.5 GPA student, was going to graduate May 9.

“We’ve just been in shock since we first heard early Sunday that the body of a young woman found in a Lafayette city park was likely one of our own,” said GSU President Frank G. Pogue. “We immediately reached out to the family and we’ve been cooperating with Lafayette police. We know how important the first 24 to 48 hours of a police investigation can be. Now we encourage our students, faculty, staff and others to contact Lafayette city police, or our own campus police, if they think they have even a small bit of information that might be helpful. We need to assist police with this investigation and bring closure to this situation for the sake of Alex’s family and close friends.”

Shelton had a 3.54 cumulative GPA and was a member of the Lester Cole Honors College at Grambling State University.

GSU Provost Connie Walton is completing the necessary paperwork to seek approval of awarding Shelton's degree posthumously. In addition, Stacey Duhon, vice president for student affairs and interim vice president for institutional advancement, is working with the Foster-Johnson Counseling Center to make sure grief counselors are available.

Interested students can call the Foster-Johnson Counseling Center at 318-274-3277 to talk with someone.

According to a story by The Advertiser, friends told police Shelton had planned on meeting them Saturday night, but after three hours passed, they called her cell phone and an unknown man answered. He told Shelton’s friends he found the phone in Girard Park.

Those friends went to Girard Park to meet up with that man and a second man to retrieve the cell phone. Both men left after handing over the cell phone, police spokesman Cpl. Paul Mouton said.

The friends found Shelton’s vehicle nearby shortly after they arrived at the park Saturday night and called police for assistance.

Police located and removed Shelton’s body from a drainage ditch attached to the park's pond near the north side park entrance at around 12:10 a.m. Sunday.

Her cause of death remained unclear, Mouton said. The coroner will determine the cause of death, Mouton said, but it is uncertain when he will make his report.

Police talked with the two men who gave them specific identification about where they found the phone. The men are not suspects, Mouton said.

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Apr-14-2014 166 0
A 4-year-old Pennsylvania boy died in a car accident hours after returning from his father's funeral.

Carder Brown was killed by a passing van that struck him as soon as he got out of his car in Chester, Pa., police told MyFoxPhilly.com.

Neighbors for the family told the outlet the boy had just returned from his father Derrick’s funeral after the man was killed by a gunshot last week. The family set up a GoFundMe site in his memory. They said he was killed while on his way home from work and got caught in the crossfire.

The driver of the van is being questioned by police. No charges have been announced, the website reported.

No other information was immediately available.


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Chris Boyette Apr-12-2014 162 0
A New York judge Tuesday vacated the conviction of a man who spent nearly a quarter of a century behind bars for a Brooklyn slaying that occurred while he was vacationing in Florida.

Jonathan Fleming, 51, was found guilty in 1989 in the death of Darryl Rush in the Williamsburg neighborhood of Brooklyn and served the next 24 years and 8 months in prison, according to the Kings County district attorney's office. He was released Tuesday afternoon.

Fleming has always maintained he was on a family trip to Disney World in Florida when Rush was shot to death early on the morning of August 15, 1989, in a dispute over stolen money. After years of reviewing documents and re-interviewing witnesses as part of a joint investigation between his attorneys and the Brooklyn district attorney's Conviction Review Unit, it was determined that the only evidence tying him to the crime was an alleged witness who later recanted her statement.

"As you can imagine, after sitting in jail for 25 years for a crime he didn't commit, he can't help but feel vindicated," said one of Fleming's lawyers, Anthony Mayol. "On the flip side, that's 25 years that have been stolen, that he'll never get back."

At his trial, defense lawyers provided family photos and home videos of Fleming in Florida around the time of Rush's killing. But according to Taylor Koss, another of Fleming's lawyers, they did not have evidence he was in Florida on the day of the slaying. The prosecution persuaded jurors to ignore the alibi.

Fleming told his attorneys he had paid a bill for phone calls made from his Florida hotel room the night before Rush was killed, and he believed the receipt was in his pocket when police arrested him. But authorities told the defense he had no such receipt, according to Koss.

In the course of the investigation, the Conviction Review Unit found the receipt in police records, time stamped and dated -- solidifying Fleming's claim that he was in Florida at the time of the killing, according to the district attorney's office.

"This is proof of alibi that was basically purposely withheld," Koss said.

The review unit also interviewed Fleming's former girlfriend, who said she called Fleming the night of the killing while he was still at his hotel in Florida. The investigation found her story to be credible, with phone records to support it.

The prosecution also produced a witness who said she saw Fleming commit the crime.

According to Koss, the woman recanted her testimony weeks after Fleming's conviction. She later testified in front of a judge that she was on parole and had been arrested with another woman for being in a stolen van the night of the killing. She said police persuaded her to give a statement against Fleming to avoid going back to jail.

Koss said the judge threw out her later testimony because she could not provide enough facts to back up her story.

A review unit search of police records years later came up with a timeline. The woman on probation was arrested with another woman on grand larceny charges and brought to the Brooklyn district attorney's office, where she gave a statement. Within the hour, the investigation found, charges against her were dropped.

Koss said defense investigators even found a witness in South Carolina who claims to have been the getaway driver during Rush's killing and who even identified someone they say is the real killer.

Judge Matthew D'Emic Tuesday vacated the conviction after a "careful and thorough review of this case, and based on key alibi facts that place Fleming in Florida at the time of the murder," said District Attorney Ken Thompson.

Koss and Mayol say the next step is ensuring that Fleming has a way to support himself after he is released.

"He has no job, no career, no prospects," Koss said.

"We're suing everybody, let's be honest," Koss added, saying Fleming's legal team intends to bring a civil rights lawsuit against the city and seek reparations from the state under a provision set up to redress wrongful convictions.

Thompson, who became district attorney at the beginning of the year, has already released two men who had been in prison for more than half their lives in connection with three killings after DNA evidence tore holes in their convictions in February.

Antonio Yarbough and Sharrif Wilson were teenagers when they were imprisoned. But after reviewing DNA evidence, Thompson said the previous convictions for the 1992 murders in Brooklyn would most likely not stand up in court and agreed the two men should be freed.

Those cases, as well as Fleming's, are not connected to investigations into Detective Louis Scarcella, whose questionable tactics have led to a review of some 50 other cases, the district attorney's office said.

On Monday, Thompson named Harvard law professor Ronald S. Sullivan, Jr. as special counsel to the district attorney for the Conviction Review Unit. Sullivan, who heads Harvard's Criminal Justice Institute, will guide the group in future cases brought for review, according to the District Attorney's office.

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Apr-12-2014 216 0
Investigators were focusing on Saturday on what caused a FedEx tractor-trailer to collide with a bus in a fiery crash in northern California that killed 10 people, five of them teenage students en route to a college recruitment event.

It remained unclear whether the FedEx driver was somehow distracted or lost consciousness, or whether a mechanical failure occurred when his truck swerved across the median of Interstate 5 and slammed head-on into the motor coach full of students from the Los Angeles area on Thursday.

The California Highway Patrol also raised the possibility that a separate collision on the truck's side of the highway might have been a factor in Thursday evening's fatal crash.

According to early highway patrol accounts of the accident, the truck side-swiped a car after crossing the center divider but before hitting the bus.

Two witnesses, Bonnie and Joe Duran, who were reported to be in the clipped car, told California media outlets that the truck was on fire before the collision.

"I was heading along in the outside lane and I looked over and saw the FedEx truck coming straight for me and he was in flames already," Bonnie Duran told a local CBS-affiliate.

I looked over and saw the FedEx truck coming straight for me and he was in flames already.

Reuters could not immediately contact the Durans and a California Highway Patrol spokeswoman did not immediately respond to requests for comment.

A powerful explosion unleashed by the impact was so loud it was heard throughout the nearby community of Orland, about 90 miles north of Sacramento, said Glenn County Sheriff Larry Jones.

Among the dead were the two drivers, as well as five high school students and a college recruiter on their way north to visit Humboldt State University in Arcata, California, as part of a program to help disadvantaged college hopefuls.

More than 30 others were injured in the wreck.

"We don't know whether the FedEx driver had fallen asleep, whether he experienced a mechanical failure with his vehicle or whether there was a separate collision on the southbound side that caused him to lose control," said Lieutenant Scott Fredrick, the lead Highway Patrol investigator.

A team of investigators from the National Transportation Safety Board (NTSB) began arriving on Friday morning to gather evidence for that agency's independent review of the accident.

NTSB member Mark Rosekind told a news conference late in the day he expected his team to remain on-site for about two weeks and would not speculate on the probable cause of the crash.

He said the NTSB probe would examine human factors as well as "the machine and the environment," including highway design elements, vehicle inspection records and driver training and medical records.

The FedEx truck, which was hauling two semi-trailers, was mostly consumed in the fire, but Rosekind said there were sufficient remains of both drivers for authorities to have collected samples for blood and toxicology analysis.

"So right now, one of the things we're in the process of doing is seeing whether or not those required samples were actually collected," he added.


The fire was so intense that it could be days or weeks before some of the bodies can be identified, and investigators will have to rely on dental records or in some cases DNA testing, he said.

Bonnie Kourvelas, a spokeswoman for FedEx Corp, said the company was aware that one of its trucks was involved in the crash and is "cooperating fully with authorities."

The stricken motor coach was one of three buses of students traveling from Southern California to participate in a spring break recruitment program at Humboldt State. The two other buses had arrived safely at the campus before the third bus crashed, Rosekind said.

Nestled near the redwoods about 100 miles south of the Oregon border, the university every year invites high school seniors from disadvantaged backgrounds or who may be the first in their families to attend college to tour the campus.

The Los Angeles Unified School District, the largest in Southern California, said some of the 19 students from its high schools who were on the tour rode on the ill-fated bus, but it could not say whether any of them were among the victims.

Apart from the driver, the bus was carrying 44 to 48 students and several chaperones, highway patrol spokeswoman Lacey Heitman said. About 34 people were taken by air and land ambulances to hospitals with a variety of injuries, police said.

"They are traumatized, absolutely," another patrol spokeswoman, Tracy Hoover, said. "Most of them have scratches, cuts, burns, contusions and lacerations."

Among those killed was Humboldt State recruiter Arthur Arzola, 26, who worked for the university out of the Southern California community of Rancho Cucamonga, the Sacramento County coroner said on Friday morning.

In a biography on the school's website, Arzola characterized himself as hard-working, compassionate and friendly, and described the university as offering "incredible opportunities that change the world for the better."

A recently engaged couple serving as chaperones were also among the dead, local media reported.

Michael Myvett, who graduated from Humboldt State with a psychology degree in 2007 and worked with autistic children, and Mattison Haywood were killed just three months after Myvett proposed to Haywood outside the Louvre Museum in Paris.

High school student Marisa Serrato was also killed in the fiery crash.

The Serrato family, whose identical twin 17-year-old daughters set off on the adventure on separate buses Thursday, had a panicked, sleepless night. Marisol made it to their destination, Humboldt State University, but the family had no word on Marisa, who had been aboard the now-gutted bus, for nearly 24 hours.

They received the official word Friday evening when dental records confirmed Marisa was among the dead.

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Apr-11-2014 151 0
Reflecting on the unique power of the office he holds, Obama honored Lyndon B. Johnson as a leader who seized the presidency’s opportunity to bend the currents of history and fulfill America’s founding promises of equality – despite his advisers warnings against it.

“I reject such cynicism because I have lived out the promise of those efforts,” Obama said.

The cynicism President Obama alluded to was the push-back President Johnson experienced while trying to pass civil rights legislation. Obama took the opportunity to draw similarities to the push-back he’s currently experiencing on the Affordable Care Act.

He drew on a quote from Martin Luther King Jr. to underscore the importance of not losing faith in politics during troubled times.

“It may be true that the law can’t make a man love me, but it can keep him from lynching me,” Obama said.

Amid the celebrations of the law, Obama cautioned that work remains in order to fulfill the goals of the legislation Johnson championed.

“President Johnson understood that equality requires more than the absence of oppression, it requires the presence of economic opportunity,” Obama said. “If this sounds familiar, it’s because today we remain locked in this same great debate about equality and opportunity.”

After 30 minutes of reflecting and reminiscing on the 50 years that have brought us to this moment, Obama concluded his speech with an answer to the question that opened it.

“Making [people's] lives better is what the hell the presidency is for,” he said.

President Obama is the third of four presidents to speak this week with President Jimmy Carter and President Clinton preceding him. President George W. Bush will speak at the library on Thursday evening.

Before taking the stage, the Obamas took a tour of the Cornerstones of Civil Rights exhibit at the LBJ Library. He jokingly told the crowd Michelle’s favorite part of the exhibit was a clip of Lady Bird Johnson offering “constructive criticism” to Lyndon.

“Some things never change,” he said.

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Gromer Jeffers Jr. Apr-10-2014 175 0
Famed attorney Louis A. Bedford Jr. died Thursday after a long battle with prostate cancer. He was 88.

In 1966 Bedford became the first black to serve on Dallas’ municipal court.

His death was announced by the Dallas Bar Association. In 1968, Bedford was the fourth black attorney to join the association. At that time minority lawyers experience racism in the criminal justice system.

“Judge Bedford lived through, and helped bring about, many needed changes in the legal and political landscape of Dallas,” said Scott McElhaney, President of the Dallas Bar Association. “He was a humble leader and a mentor to many. He will be greatly missed.”

A graduate of Booker T. Washington High School, he attended Prairie View A&M University and received a law degree from Brooklyn Law School.

State Sen. Royce West, one of the many lawyers mentored by Bedford, said the trailblazer had to leave Texas to go to law school.

“His passing comes at a time when we’re celebrating the 50th anniversary of the Civil Rights Act, which he was involved in,” West said. “And his passing leaves a void. He was a person we could talk to about different issues in the community.”

West said Bedford offered him advice when he left the district attorney’s to start his own firm. And he was there when West ran for district attorney and ultimately the state senate.

“I will never forget what he told me,” West said. “He said ‘the pie is big enough for everyone. Just do a good job.’”

In 1952 Bedford organized the J.L. Turner Legal Society. He was the organizations historian until his death.

His was active in the civil rights movement, working to desegregate schools and preserve the voting rights of minorities.

In 2006 he was overcome with emotion after giving the oath of office to newly elected Dallas County District Attorney Craig Watkins, the state’s first black DA.

“There were lawyers who worked hard for this day and didn’t get to see it,” Bedford said after Watkins took the oath. “I have an emotional feeling because I think about them and it brings tears to my eyes.”

Dallas lawyer Michael Todd, former president of the Dallas Black Criminal Bar Association, said Bedford would be missed.

“He was a person young attorneys could lean on for guidance,” said Todd, who attended the New Hope Baptist Church with Bedford. “He was a true pioneer.”

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